Publications

Federal courts have split on whether HISA, a private corporation, may constitutionally create and enforce federal law. Several key economic development initiatives in the State of Nebraska hang in the balance until the U.S. Supreme Court resolves a circuit split concerning the Horseracing Integrity and Safety Act (“Act”).[i]  Passed in […]

The years 2023 and 2024 saw a slew of activity in the world of antitrust enforcement, and that trend will likely continue into 2025.  While the change in presidential administrations may influence certain regulatory areas, prior activity such as the Federal Trade Commission’s (FTC) nationwide ban on non-competes, the withdrawal […]

With several state data privacy laws taking effect this year, including in both Iowa and Nebraska, enforcement of these laws is on the horizon.  As organizations build out their compliance frameworks, enforcement in other states with privacy laws already in effect provides insight into enforcement priorities. While both Iowa and […]

With artificial intelligence (“AI”) here to stay, the United States Patent and Trademark Office (“USPTO”) published its Artificial Intelligence Strategy (the “Strategy”) on January 14. In the Strategy, the USPTO outlines how it intends to address challenges associated with AI in connection with its intellectual property (“IP”) policies, agency operations, […]

On January 6, 2025, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) issued a proposed rule to modify the HIPAA Security Rule.  Health care organizations, including covered entities and business associates, continue to be a primary target for cyberattacks, and in the […]